Jersey Immigration Rules: Evidence of Identity and Nationality requirements, Jersey EU Settlement Scheme, Visitors Rules, HK (J) British National (Overseas) Route and minor changes to other areas: Notice of changes

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made on 1 October 2021

MINISTERIAL DECISION REFERENCE: MD-HA-2021-0069
Decision Date: 21 September 2021
DECISION SUMMARY TITLE: Notice of changes to the Jersey Immigration Rules: evidence of identity and nationality requirements, Jersey EU Settlement Scheme, Visitors Rules, HK(J) British National (Overseas) Route and minor changes to other areas
DECISION SUMMARY AUTHOR:	Senior Manager Immigration and Nationality	IS THE DECISION SUMMARY PUBLIC OR EXEMPT? (if exempt state the relevant article/paragraph of the Freedom of Information Law/Regulations)		Public
REPORT TITLE: Notice of changes to the Jersey Immigration Rules: evidence of identity and nationality requirements, Jersey EU Settlement Scheme, Visitors Rules, HK(J) British National (Overseas) Route and minor changes to other areas
REPORT AUTHOR OR NAME OF PERSON GIVING REPORT: (if different from Decision Summary Author)	Senior Manager Immigration and Nationality	IS THE REPORT PUBLIC OR EXEMPT (if exempt state the relevant article/paragraph of the Freedom of Information Law/Regulations)		Public
DECISION AND REASON FOR THE DECISION: The Minister for Home Affairs has approved amendments to the Jersey Immigration Rules (“the Rules”) in accordance with section 1(4A) of the UK Immigration Act 1971, as extended to Jersey [1]. The amendments concern changes relating to evidence of identity and nationality requirements for persons arriving in Jersey, the Jersey EU Settlement Scheme (“EUSS”) and minor adjustments to other policy areas and are as follows – evidence of identity and nationality requirements: to require EEA citizens outside of the citizens’ rights cohort, from 1 October 2021, to present a passport to demonstrate nationality and identity at the Jersey border, rather than a national identity card. (The following changes take effect from 6 October 2021) EUSS family permit: to allow a joining family member to apply to the EUSS whilst in Jersey as a visitor. EUSS: to reflect the passing of the 30 June 2021 deadline for applications to the EUSS by those resident in Jersey by the end of the transition period (though a late application can still be made where there are reasonable grounds as to why the person missed that deadline). Visitors: to clarify when employees of overseas manufacturers or suppliers can come to Jersey as visitors, in order to install, maintain, service or advise on equipment, software or hardware. HK(J) BN(O) Route: to allow the partner and, if applicable, child under 18 of a BN(O) status holder to join the BN(O) status holder following a grant on the BN(O) route and to allow parents of a child born in Jersey to a BN(O) status holder or their partner, or a BN(O) household member or their partner, to regularise that child’s stay on the BN(O) route. Appendix KoLL: to replace references to the National Academic Recognition Information Centre with “Ecctis” in Appendix KoLL.
RESOURCE IMPLICATIONS: None as a consequence of this decision.
ACTION REQUIRED: To make the appropriate amendments to the provisions of the Jersey Immigration Rules referred to in the attached report which will come into effect on the day the Ministerial Decision is signed. The updated Rules will then be made available on gov.je.
SIGNATURE:			POSITION: Deputy Gregory Guida Minister for Home Affairs
DATE SIGNED:			EFFECTIVE DATE OF THE DECISION: